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this post was submitted on 16 Aug 2024
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politics
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Easiest answer.
Pack the court. It's perfectly legal. No laws or precedent against it. Just a lack of political will and spine.
Kamala could do it. I'm not saying she would, but she's not biden, and he definitely wasn't gonna do it. We can hope.
* Only if dems keep the senate, though. This is why down ballot races matter a lot
Biden is such a wuss when it comes to stuff like precedents
Joe should do it after the votes are counted in November, irrespective of who wins. If its a Trump win, a packed court gives some stability and a check on Trump. If its a Harris win, then there's no fallout for Harris making the call, and she has 4 years of a stable and sane Supreme Court.
Congress would have to pass a bill to pack the court, which the President would sign. The new Congress is seated early, though. If Democrats got their majorities they can send Joe a bill right away in the 2 weeks overlap.
This is a good point
That only solves the problem future decisions. Previous decisions would have to go back through the whole court system to hope to get reversed.
The current court has shown pretty clear distain for stare decisis and allowing things to skip the other courts when politically expedient. Plenty of precedent now established to undo the damage.